Unit 6 Flashcards
Allows the court to determine the constitutionality of laws
Judicial review
A judicial system in which the court of law is a neutral arena where two parties argue their differences
Adversary system
a system of law concerned with the punishment of those who commit crimes
Criminal law
A law that governs relationships between individuals and defines their legal rights
Civil law
a person, especially a public official, who institutes legal proceedings against someone
Prosecutor
an individual or group being sued or charged with a crime
Defendant
a defendant’s admission of guilt in exchange for a less severe punishment
Plea bargain
A dispute growing out of an actual case or controversy and that is capable of settlement by legal methods
Justiciable dispute
a person who brings a case against another in a court of law
Plaintiff
The chief law enforcement officer in the United States and the head of the Department of Justice
U.S. attorney general
Justice Department officer who argues the government’s cases before the Supreme Court
Solicitor general
Arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys
Public defender system
the lowest federal courts; federal trials can be held only here
District courts
courts with appellate jurisdiction that hear appeals from the decisions of lower courts
Circuit court of appeals
the highest federal court in the United States
Supreme Court
the authority to hear cases for the first time
Original jurisdiction
The authority of a court to review decisions made by lower courts
Appellate jurisdiction
How similar cases have been decided in the past
Precedent
A court order that requires police to bring a prisoner to court to explain why they are holding the person
Writ of habeas corpus
An order by a higher court directing a lower court to send up a case for review
Writ of Certiorari
written order from a court to enforce the performance of some public duty
Writ of Mandamus
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work
Senatorial courtesy
An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions
Judicial activism
A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures
Judicial restraint
A method whereby a poor person can have his or her case heard in federal court without charge
In forma pauperis
a court’s list of cases to be heard
Docket
“friend of the court” brief filed by an interest group to influence a Supreme Court decision
Amicus curiae brief
a signed opinion of a majority of the Supreme Court
Opinion of the Court
a signed opinion in which one or more justices disagree with the majority view
Dissenting opinion
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning
Concurring opinion
let the decision stand
Stare decisis
a more conservative Supreme Court under Warren Burger
Burger Court
Federal courts created by Congress under Article III of the Constitution, including the district courts, courts of appeals, & specialized courts such as the U.S. Court of International Trade
Constitutional courts
Regulating interstate commerce is a power reserved to the federal government
Gibbons v. Ogden
Established judicial review; national government laws over state laws; protect existing contracts
Marshall Court
Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law
McCulloch v. Maryland
the Supreme Court during the period when Earl Warren was chief justice, noted for its activism in the areas of civil rights and free speech
Warren Court
a court of judicial restraint and conservative tendencies
Rehnquist Court
stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices
Oral argument
justice on the Supreme Court who presides over the Court’s public sessions
Chief justice
Persons trained in the law who assist judges in researching legal opinions
Law clerks
FDR wanted to have 6 new justices in the Supreme court, who would vote for his New Deal
“Packing” the Court
